MEMORANDUM OPINION & ORDER: Accordingly, it is HEREBY ORDERED that the Pla's Motion for Summary Judgment 10 be OVERRULED and the Dft's Motion for Summary Judgment 11 be SUSTAINED. A judgment in favor of the Defendant will be entered contemporaneously herewith. Signed by Judge Henry R. Wilhoit, Jr on 11/14/08.(MCB)cc: COR w/NOE

JUDGMENT: In conformity with the Order ent this date and in compliance with FRCP 58, IT IS HEREBY ORDERED and ADJUDGED that: A. pursuant to sentence four of 42 U.S.C. 405(g), the administrative decision is AFFIRMED and judgment is entered in favor of the Dft; the Pla' s Complaint against the Dft is DISMISSED WITH PREJUDICE and the Pla shall take nothing thereby; and this action is STRICKEN from the active docket of the Court. Signed by Judge Henry R. Wilhoit, Jr on 11/14/08.(MCB)cc: COR w/NOE